Victims consider class action lawsuit. Over 100 express interest in suing over hospital tainted syringe scandal

Cam McCoy

Chris Clegg
South Peace News

A St. Albert lawyer is considering launching a class action lawsuit on behalf of victims of the tainted syringe scandal at the High Prairie Hospital last year.

Cam McCoy met with about 25 victims at the Grouard Kapawe’no Hall March 5 and was encouraged with what he heard.

“What does seem apparent to me is there are about four issues here,” says McCoy, a lawyer representing his firm, McCoy Law.

“First, why was media first to know before the patients found out?” he asks. “We’ll want answers to that.

“Second, the lack of knowledge and support when you phone medical people.

“Third, after you learned of the issue, it took weeks to get tested.

“Fourth, then it took over a month to get the results. “I’m going to find out from an expert in the field.”

News of the practice of using a single syringe in two or more patients for intravenous medication at the hospital broke Oct. 27, 2008 when Peace Country Health called a new release to break the news. PCH urged everyone who had dental surgery from Jan. 1, 1990 to Oct. 2, 2008 and patients who had endoscopies from March 1, 2004 to Oct. 2, 2008 to get tests. As many as 2,700 people were urged to get tests.

The announcement concerned McCoy, who heard from several victims they were shocked and distressed to hear of the news on TV and radio. He says he is impressed by the 100 people who have already come forward expressing interest in participating in the class action lawsuit.

“If there is enough interest, we may bring a class action suit,” he says.

No one at the meeting disputed the risk of infection being low, as PCH and local doctors said, but that didn’t have any bearing on the people who were infected or dealt with extreme anxiety and fear during the testing process.

McCoy heard some people have waited months for test results; a situation he finds unacceptable.

“What you’re dealing with here is a tragic issue compounded with grievance issues,” he says. “It was done, you had anxiety and it was preventable.”

And the fact media reported the story instead of people being notified concerned him.

“You’re telling me a newspaper or radio knew before you did?” he asked.

“Yes,” replied many in unison.

“Wow!” he replied. “For a TV or newspaper to know before a patient . . . that’s why you’re riled up.”

“Yes,” they responded again.

“The fact you’re here tells me a lot,” he adds. “It’s the middle of the day. “We’re already over 100 people signed up and we’re just getting off the ground.”

McCoy stressed many times during the meeting he had to talk to experts and discover all the facts before proceeding. Time and time again, he focused on peoples’ anxiety and fear during the testing process. Specifically, he wanted to know when people received a letter or phone call, how long it was before they were tested and long it took for test results.

“I want to hear about the anxiety,” he says. “I want to hear how you felt about the intimate relationships with your loved ones. I can’t imagine what your Christmas would have been like now knowing if you’re infected.”

McCoy also took dead aim at PCH for admitting they did use the same equipment twice.

“How much money did they save by sharing needles?” he asks. “Was it worth it? I want to find out, what was the rationale for sharing needles?”

In closing, McCoy reminded people he did not have all the facts and urged caution.

“Right now we don’t have the facts but we know the experiences. We have to look into this and we have to find answers.”

McCoy says a second meeting will be held in a month or two.

“I’ll bring an expert to the next meeting,” he promised. “Next meeting people will have to sign up and then we’ll decide whether to proceed. “Right now, you asking questions and you’re not getting answers.”

For now, McCoy says he is willing to consider the lawsuit.

“From what I’ve heard so far is, it’s worth my time to pursue it.”

In a South Peace News story published Nov. 5, 2008, High Prairie Hospital chief of staff, Dr. Robin Laughlin, reassured everyone the risk was extremely low. He also praised nursing staff for their handling of intravenous medications.

PCH medical officer of health, Dr. Albert de Villiers, says the practice of re-using syringes was happening only in High Prairie and the mistake is being used as a learning tool.

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